Hung jury for heroin possession case

Defendant takes the stand in his own defense as does his wife and a female friend.
Cary Ashby
Jan 21, 2013

A two-day trial last week about a heroin possession case resulted in a hung jury.

David A. Dalton, 43, of 313A Woodland Ave., Willard, was charged with one count each of possession of heroin and possession of criminal tools, both in connection with a July 23 incident. His Huron County Common Pleas Court jury trial started Thursday and the jurors started deliberating about 4 p.m. Friday.

"They were out at least 4 1/2 hours," court administrator Linda Stower said.

Huron County Assistant Prosecutor Daivia Kasper and defense attorney Reese Wineman couldn't be reached for comment.

Willard Police Detective Jeremy Draper, Kasper's first witness, had testified about finding many suspected pieces of heroin-related paraphernalia in Dalton's dresser when police used a search warrant at the man's apartment.

Also testifying for the state were Chief Mark Holden, Officers Justin Nowak, Brian Slone and Edward Tackett as well as Anthony Tambasco, of the Mansfield crime lab.

Dalton took the stand in his own defense as did his wife and a female friend.

About mid-July, Draper received a tip about suspected drug activity at Dalton's apartment. The detective said he "conducted surveillance of the area" and took photographs July 18 of the house from the CSX Railroad property.

Draper, after determining the Dumpster behind the apartment serviced Dalton's residence, had the trash receptacle brought to the old fire station, where he inspected the contents.

The detective said he found two trash bags which contained suspected drug paraphernalia: Some used cotton and piece of tin foil, which was burned on one side and had alleged heroin-related "head lines" on the other. Draper said he field-tested the cotton and found it was positive for heroin. He logged both items as evidence.

Several officers used a "knock and announce" search warrant at Dalton's apartment about 10:15 a.m. July 23.

Draper entered Dalton's bedroom.

The detective testified he found a capped syringe, spoon, a cotton swab, an open knife, some "bloody tissues" and a magazine on top of a dresser. He said the top drawer reportedly held men's clothes, a bag of heroin spindles in a bag and a dinner plate with "powdered residue." Draper identified the items using photos that were displayed to jurors on a projection screen.

Dalton's attorney, Wineman, filed a motion to suppress evidence in late September. He had argued that "other than a substantial amount of traffic going in and out of the defendant's apartment" and the items found in the Dumpster, Draper "clearly failed to establish there was probable cause that the defendant, on the date of the search, was engaged in criminal activity of any kind."

Also, Wineman argued police didn't see "any evidence of drug activity ... taking place" in Dalton's apartment and the reported traffic there "was not identified, in any way, as being related to drug activity."

Judge Jim Conway denied the motion in mid-November.

Comments

mikel

so, mr wineman, are you saying his friends used his dresser drawers? hopefully, this man relocates to a dwelling right beside one of the jurors who felt he was innocent. they can then live his trashy life.

Dusty

I have to say I don't blame Wineman on this one. I think the Prosecutor failed here.

twinmomma2012

So this man got off? Charged with what they found in his house yes but the dumpster how can you when other tenants could have used the dumpster and its Willard for God sakes!!!! Geez!!!

TuffNutts2011

White guy gets a hung jury then the black guy gets a max sentence. WTF is going on.

deertracker

If you have to ask, you already know the answer.

cooker

It's true..white man holdin' ya down. Get off the racial sh*t.

Game time

That Draper guy has had a rough past month. First he shoots a woman and now can't get a conviction on a heroin case.

twinmomma2012

OMG he shot someone too! And yea I do hear you on the black white thing to! So my question is why the hell isn't this man locked up? Another one of Huron county's bang up jobs! WTF is going on up there Conway?

Windy

WTF, not even CBCF?

proud mother of 3

This is sooo funny, Huron Cty cannot get a conviction on this! I am glad he challenged them, just goes to show you what this county is made of! lol
Wineman did his job well, and prosecuter failed as usual. Draper is a rookie and I have a feeling his job is uncertain at the moment. I wish more people would challenge this corrupt county we live in. (Not to mention the lieing newspaper we have to read also!)

believe it

Draper isn't a rookie.

Oil

Sad day .

Lillie Chaos

Unbelievable.

R U Kidding me

He worked a deal so it is told he narced out where he got it from this is a cover up. he will make a good informent in the near future